Data Protection Act Claim ***SETTLED***

[Speedy75]

Hi all,

After reading the forum on here for a very long time and gaining some excellent advice, I have finally joined as I could please do with some advice.

In March 2012 I submitted a subject access request to a council. It’s a long story but I fought them for a while to get my files. The council have sent me files on three different occasions, the last been November 2012.

I know the council still have not sent me everything, so I decided to take the matter to court and issued a claim under section 7 and 15, also damages and costs within the discretion of the court. I put no amount at all.

The claim was served and the court sent me the council’s allocation questionnaire saying they were defending it in full. They also sent a defence claiming they did not breach the Act. Yet it took them nearly eight months to send me files and the ICO said they have breached the Act.

Since then the council have wrote to me offering me £500 as long as I withdraw the claim and sign a confidentiality agreement. This is where I’m not sure what to do, as there letter is titled Without Prejudice save as to Costs.

Also on the council’s allocation questionnaire they ticked the box suitable for the small claims track, yet where it says if you think it’s suitable for small claims do not put costs. They have put costs of over £2000.

To be honest I was not expecting all of this, seeing as they quite blatantly breached the Act.

I am not really sure what to do now.

Any help would be much appreciated.

Thanks

[BankFodder]

Councils are basically dinosaurs. Also they have huge resources - your money - and very little accountability.

 

If you have a finding from the ICO that they are in breach of the DPA then there is very little they can do.

 

 

Their so called without prejudice save as to costs offer is abusive of the court process because they know full well that with a small claim, they won't get costs anyway - if you have a good reason for continuing the action - for instance if they are still in breach because they haven't supplied everything.

 

If you wanted to, you could accept the £500 - and then begin another SAR immediately and begin another court action when they failed to complete the disclosure.

 

I can tell you that £500 is probably a bit more than you have expected to have been awarded by the court - so this might not be a bad option - if you want to have a bit of fun at their expense.

 

By the way, if you think that their disclosure is incomplete, then to bring a successful action , you will have to have a reasonable idea of what it is they are withholding and evidence that they still have the data.

[patrickq1]

Tricky one but since the information commissioner found them in breach of the DPA then you are entitled to compensation and the value is difficult to quantify but as for confidentiality clause they did not see fit not to publish or defame you so this clause is rather a worthless gesture but also they do not want others to see their carelessness in handling other peoples data without prejudice is a bit rich coming from them the bluff they will defend the indefensible so value wise your claim should be at least ten times their estimate so ask for a financial settlement of between 5 and 10 thousand let them try to knock you down but no confidentiality clause unless it is the higher figure

[Speedy75]

I can definitely prove they have not sent me everything. But what about their questionnaire it says in bold do not put costs if you think the claim is suitable for the small claim track, I’m assuming this is to intimidate me to drop the claim.

Sorry forgot to mention they put in the letter that if I did not do better at court than the offer they have made me, they will apply for a costs order against me.

When they first replied to my SAR they wrote back and said they don’t appear to hold any files on me. That’s where I fought them a bit and told them they had been writing to me for over two years.

To be honest the claim was never really about money but more about getting my files.

If I did write back to them and offered to settle out of court, would I title the letter the same as they did, Without Prejudice save as to Costs?

 

Thank you for you replies.

[Conniff]

Have moved you to the Local Authority, section

[stu007]

Hi

 

Interesting thread and council once again playing rough shot as they are in the wrong but trying not to admit it and shut you up.

 

You need to bear in mind that if you sign their legal Disclaimer you cannot discuss or take any further action with your case and them putting without predjudice is their way of not admitting liability.

 

Personally if you feel happy with the figure offered I would just write back stating you will accept their offer but only under the condition that you will not sign any Disclaimer as this is not acceptable. (Remember you are under no obligation to sign any disclaimer)

 

Could I ask who it is that you are dealing with at the council, is it by any chance the chief executives complaints team?

[Speedy75]

Hi stu007

The replies have been from the local authority’s legal department solicitors.

I understand what you mean about not signing the disclaimer, I have not signed it or replied yet.

Could you please tell me if I should be able to have the case at my local court? As that’s another problem I’m having.

I sent the claim to my local court, they then sent it to Northampton, Northampton then sent it back to my local court, and now my local court have sent it to the councils local court over 90 miles away from me.

I think they have done this because in the council’s allocation questionnaire they have put they wanted their local court due to convenience of witnesses. They also put in their defence “The Defendant avers that the normal position under the Civil Procedure Rules would be that where a claim is defended, the matter should be transferred to the Defendant’s home court”.

I phoned my local court and they were not interested and said to contact the court where my files have now been sent.

I emailed the court manager and said I believed that the case should be heard at my local court as the defendant was not an individual and I have not asked for a specific amount. I got no reply. I phoned the court and they said I can’t do anything as the judge as said no and the case will be heard there.

 

I feel like just taking the money and calling it a day. I’ve never taking anybody to court before and was not expecting all this. They also said in their defence my claim was “vexatious and an abuse of process of the court and without merit”

Thanks for the help everybody, it’s a great forum, wish I’d joined ages ago.

Edited February 23, 2013 by Conniff

[Speedy75]

Hi all

 

 

Received a notice from the court saying my claim as been allocated to the small claims track and that the judge considers this case suitable for mediation.

 

 

A court hearing has been set for May with a fee of £325.00.

 

Could somebody please clarify the following:

 

1. Do I have to use the mediation service.

 

2. Is £325.00 the normal fee.

 

3. Why will the court not let me transfer the case to my local court. The court hearing is 90 miles away from me.

 

4. Does a claimant have the right for a case to be held at their local court.

 

Any replies will be much appreciated.

 

Thanks

[Conniff]

Have a read of this one http://www.consumeractiongroup.co.uk/forum/showthread.php?327504-Small-Claims-Transfer-of-Proceedings

 

It doesn't conclude though, so sorry.

[ericsbrother]

Sounds like a typing error, the cost shopuld be £25 so it looks like the shift key wasnt hit properly.

All of these cases are allocated by a district judge who sends them to courts that have a sitting judge with the expertise to deal with the particular claim, which is often not your nearest court. You can ask for the case to be moved but there is no guarantee that it will happen.

Your cash offer is a reasonable one as long as you get the info you require, the without prejudice bit means that they cannot be held to the letter so take it as an opening offer. I would accept the money but tell them that you will never sign a confidentiality (gagging) clause because it means you can never revisit the matter (they can sue you for breach of contract if you take them to the ICO or court- obsurd but true). There is no objective reason for offering this other than they wish to treat you or others badly in the future. In the meanwhile take the matter up with your local councillor.

[Speedy75]

Hi thanks for the replies

Phoned the court and they said the fee is £325.00.

How can it be £325.00, I asked for a order under section 7 and 15 and damages and cost within the discretion of the court. My allocation questionnaire was the N151 (amount to be decided by the court).

I had a look at the court fees, and £325.00 is the highest figure for claims of more than £3000.00. I didn’t put any figure at all on the N1.

I’m starting to think all this is just to get me to drop the claim. And how can the council take nearly eight months to send files, defend it all and have three witnesses. Are they all going to just lie to the court?

Thanks for all the replies. I’m going to write to the council and let them know I will consider their offer but not sign any agreement.

[Speedy75]

Hi all

Just an update of what happened.

The claim was settled through mediation. The mediator was really helpful, and said she had never heard of this particular council wanting to go through mediation, she said they always take it to court.

Anyway, she got me another £100 from the council, so I ended up with £600 and the files I requested over a year ago.

Thanks for all the advice.

[stu007]

Hi Speedy75

 

Many thanks for returning and giving us the update.

 

I am glad you managed to eventually get this matter sorted and CAG would like to thank all those that assist you with advice.

 

I will amend you thread title to show its 'Settled'.

[citizenB]

This is very good news indeed

[citizenB]

Did you receive your fees back as well ?

[Speedy75]

Hi, No, turns out i was exempt, due to my earnings. The £600 was just for damages.